Rape in the First Degree

(a) A person commits the crime of rape in the first degree if he or she does any of the following: (1) Engages in sexual intercourse with another person by forcible compulsion. (2) Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated. (3) Being 16 years of age or older, engages in sexual intercourse with another person who is less than 12 years of age. (b) Rape in the first degree is a Class A felony; provided, that the punishment for a violation of subdivision (a)(3) shall be as determined and fixed as provided in Article 2 of Chapter 5. Any defendant sentenced to life imprisonment on a capital offense must serve a minimum of 30 years, day for day, prior to his or her first consideration of parole. (Acts 1977, No. 607, p. 812, §2310; Act 2000-726, p. 1557, §1; Act 2019-465, §1; Act 2026-55, §2.)